Courts face more delays as barristers walkout for FOURTH week

Courts face more delays as barristers walkout for FOURTH week: Defence lawyers begin five-day strike in row over pay and conditions

• Cases across UK disrupted as five-day strike by defence barristers goes ahead
• Lawyers gathering at Birmingham, Manchester and Winchester Crown Courts
• It comes after MoJ said criminal barristers will receive a 15 per cent fee rise
• But there is anger that proposed pay rise will not be implemented immediately

Courts across the UK face more delays today as barristers walkout for a fourth week in a row over pay and conditions.

A five-day strike by defence lawyers has gone ahead today, despite having been offered a 15 per cent pay rise, as they urged ministers to ‘give us back a functioning criminal justice system’.

Barristers have gathered at Birmingham, Manchester and Winchester Crown Courts to support the escalating Criminal Bar Association (CBA) action in a row over conditions and Government set fees for legal aid advocacy work.

Barristers are expected to meet with MPs in Parliament to discuss the dispute.

The Ministry of Justice (MoJ) has said criminal barristers will receive a 15 per cent fee rise from the end of September, equivalent to an increase in earnings of £7,000 per year.

But there is anger that the proposed pay rise will not be implemented immediately and will only apply to new cases, not those already sitting in the large backlog waiting to be dealt with by courts.

The CBA says the court backlog means new rates would only apply in effect from late 2023 or 2024.

CBA chairman Jo Sidhu QC said today: ‘We bring our action for justice to the heart of Parliament as those MPs who represent us all need to hear from those of us who prosecute and defend on behalf of the voiceless – in particular the victims of crime left to suffer and languish by Government’s ongoing failure to stem the massive exodus of criminal barristers.’

Barristers pictured outside Birmingham Crown Court today as a dispute continues over legal aid funding

Criminal barristers pictured outside Winchester Crown Court as the walkouts entered a fourth week today

CBA chairman Jo Sidhu QC (pictured outside the Old Bailey last month, has slammed the Government over failure to ‘stem the massive exodus of criminal barristers’

The Ministry of Justice (MoJ) has said criminal barristers will receive a 15 per cent fee rise from the end of September, meaning a typical barrister will earn £7,000 more per year. Barristers are self-employed. 

Before Covid, in 2019-20, barristers who said they worked full time on crime received an average of £61,000 after expenses, according to the Bar Council, but this dropped to £47,000 in 2020-21 after the pandemic closed courts.

Pay may increase to pre-pandemic levels now courts have gone back to sittings in person. 

However, rates may have reduced in real terms due to the effects in inflation. 

In addition, there has been anger that the proposed pay rise will not be made effective immediately and will only apply to new cases, not those already sitting in the backlog waiting to be dealt with by courts.

And speaking outside Manchester Crown Court, Andrew Thomas QC, head of Lincoln House Chambers, added: ‘We have won the argument already. We have made it clear to Government that they only have to listen to themselves.’

He quoted Justice Minister Lord Bellamy, who published an independent review last November which concluded that a minimum of £135 million was necessary as a first step to nurse criminal legal aid back to health, adding that it was needed as soon as practicable to enable the whole criminal justice system to function effectively. 

Mr Thomas continued: ‘These days of action have already brought the Government back to the negotiating table. We know these are times of disruption in the Government. 

‘We know that eyes are elsewhere … but our justice ministers have a choice.

‘They can be remembered as the ministers who continued with dither and delay, and allowed irreparable damage to our criminal justice system, or they can be remembered as the ministers who got the job done, listened to the independent advice of Christopher Bellamy and who acted before it’s too late.

‘Our message to Dominic Raab is simple: Get the job done. Reverse the cuts to defence legal aid and give us back a functioning criminal justice system.’

The strikes will be suspended for a week from July 25, before recommencing between August 1 and August 5.

The CBA has said it then plans to strike on alternate weeks, with no end date, with the action to remain under review and subject to the Government’s response.

Barristers are self-employed. Before Covid, in 2019-20, barristers who said they worked full time on crime received an average of £61,000 after expenses, according to the Bar Council, but this dropped to £47,000 in 2020-21 after the pandemic closed courts. 

Pay may increase to pre-pandemic levels now courts have gone back to sittings in person. However, rates may have reduced in real terms due to the effects in inflation.

A spokesperson for the MoJ said: ‘The current strike is now forcing victims to wait for justice, despite a generous £7,000 pay rise for the typical criminal barrister. 

‘We encourage barristers to put victims first and prevent any further delays. 

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